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(영문) 서울중앙지방법원 2016.01.26 2014가단5336870
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 6, 1980, the deceased E (hereinafter “the deceased”) completed the registration of transfer of ownership with respect to 1/2 shares (hereinafter “the instant real estate”) out of 175m2 shares in Gwangju Northern-gu, Seoul (hereinafter “the instant real estate”) as real estate listed in the attached Table on November 6, 1980.

B. On November 21, 1996, the monthly agricultural cooperative completed the registration of the establishment of the right to collateral security (hereinafter “the first priority right”) of the debtor, the deceased, the mortgagee’s monthly agricultural cooperative, the maximum debt amount of KRW 45 million with respect to the instant real estate.

C. As to the instant real estate, Defendant B completed the registration of establishment of the right to collateral security (hereinafter “mortgage”) under the name of the Plaintiff, the Deceased, and the Defendant B, under the name of the Defendant B, with the registration office of the Gwangju District Court No. 10938, Mar. 4, 1998.

In the claim amount case of Gwangju District Court 200Gau65634, Sep. 27, 2000, the Plaintiff and the Deceased jointly and severally paid to the Plaintiff 15,173,508 won and 9,891,821 won, which were calculated by the rate of 19% per annum from August 23, 1999 to the date of full payment.

G. Around March 4, 2003, the Deceased died, and H, I, and J, among the deceased’s inheritors, was tried to accept the declaration of renunciation of inheritance under the Family Branch of Gwangju District Court Decision 2003Ra462, and D was granted simple approval. C and Defendant A received the adjudication on acceptance of the declaration of qualified acceptance (hereinafter “instant adjudication on qualified acceptance”).

H. Defendant A completed the registration of entire co-owners of the instant real estate (hereinafter “instant registration of transfer”) on the ground of inheritance due to the consultation and division as of March 5, 2010 by the Gwangju District Court’s receipt No. 35729, Mar. 4, 2003, based on the inheritance as the grounds for registration.

C, D, and Defendant A submitted a written agreement on the division of inherited property on March 3, 2010 to the effect that the instant real estate shall belong to Defendant A at the time of the registration of the transfer of the instant real estate.

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